Can In-Laws of a Widow Employee Access ESI Facilities as Dependents?

Dear Sir,

The in-laws of a widow, an insured employee under ESI, are currently staying with her and are fully dependent on her earnings. They have fallen ill, and the employee wishes to take them to an ESI hospital/dispensary. Could you please clarify if they are eligible for ESI facilities as dependents?

Thank you.

Hi, Mr. Buddy,

In-laws of the insured person/employee are not eligible to avail treatment from the ESI Hospital.

With regards,
Mr. Thumbs Up

Sir,

In-laws, i.e., father-in-law, mother-in-law, brother-in-law, or sister-in-law, etc., of an insured person are not included as family members as defined under Section 2(11) of the ESI Act, 1948.

Dear Harsha Kumar Mehta Sir,

Thank you for your opinion. I raised this issue because the referred IP or any female, after marriage, becomes a part and parcel of the in-laws' family and not the parents' family. In this present case, the in-laws are very much dependent on the IP.

Eligibility of In-Laws for ESI Facilities

1. Sir, I think an insured woman can include her own parents as her "family" members if they are dependent on her, but not her father-in-law or mother-in-law. I believe this may be to maintain the equality of both sexes since her in-laws are considered the family members of her husband.

2. The matter, if you desire, can be discussed with the appropriate officer at the Regional/Sub-Regional Office, or a petition/representation can be sent to the Benefit Branch, Headquarters Office, ESIC, New Delhi. However, I think they will also not be in a position to help in the matter due to the existing statutory provisions.

3. Your views that "any female, after marriage, becomes part and parcel of the in-laws' family and not the parents' family" may be true concerning the Hindu Marriage Act, but not in social security enactments where the rights and liabilities are determined based on statutory laws as applicable.

Regards

Sir, I think following the very old discussion (of the year 2007) on this citeHR may be of some relevance in this case:

https://www.citehr.com/45622-esi-ben...-marriage.html

Dear Sir,

A married woman employee has included her parents as family members for ESI. She is ready to prove that they are staying with and depending on her. It seems that the ESI Dispensary has advised her to delete the names of her parents. Please let me know whether they are eligible or not.

Eligibility of Family Members for ESI Facilities

Sir, I believe ESI Dispensary officials have no locus standi to question which family members are entered into the identity card of an insured woman. They are required to attend to the patient/family members as indicated in the Family Identity Card issued by the concerned Branch Office of ESIC. While they can raise objections to providing treatment if they suspect that parents or other family members have been incorrectly included in the family identity card and are not entitled as per the Act, they must escalate the matter to the relevant Branch Office Manager. I suggest that the insured woman, who has received such instructions from the ESI dispensary, should address the issue with the Branch Manager of ESIC to whom she is assigned.

Furthermore, I believe that the parents must be dependents of the insured woman (their daughter) as defined under section 2(11) read with Rule 61-A.

Regards

Dear Harsh Kumar Sir,

The parents are completely dependent on her. As suggested by you, I will ask the concerned IP to contact the Branch Manager. Of course, I will also discuss this with the manager. Thank you for your views and suggestions.